Legal Opinion
Aerco International, Inc. v. Vapor Corp.
Court of Customs and Patent Appeals
Decided November 6, 1979No. Appeal No. 79-608; Opposition No. 60,832PublishedCited by 4 opinions
1Opinion of the Court
On Motion to Dismiss
RICH, Judge.
This is a trademark opposition brought by appellee, Vapor Corporation (Vapor). Appellant, Aereo International, Inc. (Aereo), filed an answer to the notice of opposition and thereafter, before any discovery or testimony was made or taken, filed a motion to amend its answer to include a counterclaim for cancellation of the registration Vapor relied on. The Trademark Trial and Appeal Board (TTAB) denied the motion. Aereo filed this appeal. Vapor now moves this court to dismiss the appeal. For the reasons which follow, that motion is granted.
Background
Aereo has…
2Cases cited5 opinions
- Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
- Knickerbocker Toy Co. v. Faultless Starch Co.Court of Customs and Patent Appeals · 1972
- Toro Co. v. Hardigg Industries, Inc.Court of Customs and Patent Appeals · 1977
- SCOA Industries, Inc. v. Kennedy & Cohen, Inc.Court of Customs and Patent Appeals · 1976
- Feigelman v. MyersCourt of Customs and Patent Appeals · 1973
3Cited by4 opinions
- Copelands' Enterprises, Inc. D/B/A Copelands' Sports v. Cnv, Inc.Court of Appeals for the Federal Circuit · 1989
- Tenneco Resins, Inc. And Tenneco Eastern Realty, Inc. v. Reeves Brothers, Inc.Court of Appeals for the Federal Circuit · 1984
- Chesebrough-Pond's Inc. v. Faberge, Inc.Court of Customs and Patent Appeals · 1980
- Copelands' Enterprises, Inc. D/B/A Copelands' Sports v. Cnv, Inc.Court of Appeals for the Federal Circuit · 1989